Action brought on 20 December 2013 – Brammer v OHIM - Office Ernest T. Freylinger (EUROMARKER)

(Case T -683/13)

Language in which the application was lodged: German

Parties

Applicant: Brammer GmbH (Vienna, Austria) (represented by: R. Kornfeld, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Office Ernest T. Freylinger SA (Strassen, Luxembourg)

Form of order sought

The applicant claims that the Court should:

in so far as the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) also confirmed the decision of the Opposition Division of 4 July 2012, in that it upheld the opposition also for the supply of services in Class 38 and in Class 42,

find that the Office for Harmonisation in the Internal Market (Trade Marks and Designs) made an error;

annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 in Case R 1653/2012-1;

order the defendant OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Brammer GmbH

Community trade mark concerned: Word mark ‘EUROMARKER’ for services in Classes 38, 42 and 45 – Community trade mark application Nr 9 852 849

Proprietor of the mark or sign cited in the opposition proceedings: Office Ernest T. Freylinger SA

Mark or sign cited in opposition: Word mark ‘EURIMARK’ for services in Classes 35, 41, 42 and 45 – Community trade mark No 5 850 111

Decision of the Opposition Division: The opposition was upheld

Decision of the Board of Appeal: The appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009